Laminar Air Flow Pty Ltd v Registrar of Trade Marks [2017] FCA 1447

Laminar Air Flow Pty Ltd v Registrar of Trade Marks [2017] FCA 1447

Section 81 of the Trade Marks Act 1995 (Cth) was not available to correct the Register as the relevant error in entering the change of name in 2001 was not made by the Registrar. Further, subsequent intervening dealings, including assignment to Laminar, precluded correction by Registrar. Correction of ownership in these circumstances requires application to court rather than Registrar’s initiative.

Parties
Applicant: Laminar Air Flow Pty Ltd; First Respondent: Registrar of Trade Marks; Second Respondent: Vokes Limited
Jurisdiction
Australia
Judgment Date
06 December 2017
Procedural Posture
Judicial Review / Judgment
Outcome
Decision of delegate set aside; costs awarded as per orders.
Legal Topics
Correction of Register, Trade Mark Ownership, Jurisdictional Error, Statutory Interpretation
Administrative Law Intellectual Property Correction of Register Trade Mark Ownership Jurisdictional Error Statutory Interpretation

Case Brief

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Parties

Laminar Air Flow Pty Ltd

Applicant

Registrar of Trade Marks

First Respondent

Vokes Limited

Second Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether s 81 of the Trade Marks Act 1995 (Cth) permits the Registrar to correct historical errors in the Register relating to ownership
  2. 2 Whether the change of owner entered in the Register in 2001 was an error within s 81
  3. 3 Effect of intervening assignments and subsequent dealings on the Registrar’s correction power under s 81

Ratio Decidendi

Section 81 of the Trade Marks Act 1995 (Cth) was not available to correct the Register as the relevant error in entering the change of name in 2001 was not made by the Registrar. Further, subsequent intervening dealings, including assignment to Laminar, precluded correction by Registrar. Correction of ownership in these circumstances requires application to court rather than Registrar’s initiative.

Court Disposition

Decision of delegate set aside; costs awarded as per orders.

Orders

  • The decision of the delegate made on 29 May 2017 is set aside with effect from the date of the decision.
  • The delegate's award of costs against the applicant is set aside.